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Can you ask to have your Chapter 13 bankruptcy dismissed before your confirmation hearing because you want to sell your home?
Wiki User
∙ 16y ago
You can dismiss a bankruptcy at any time.
You can sell a home during a bankruptcy as well.
Speak with an attorney about your specific situation. If you can not find an attorney, contact your local Bar association and they will refer you to one.
Wiki User
∙ 16y ago
Wiki User
∙ 17y agoDismissing a Chapter 13 banrupty has the same legal impact as if the case had never been file. The automatic stay is dissolved and your rights and the rights of your creditors are fully restored. If you sell off assets and them file for bankruptcy, you might have engaged in what is called a preferential transfer, also known as a voidable preference. A voidable preference is a transfer of property by an insolvent debtor to a creditor within four months of a petition for bankruptcy, depriving other creditors of their proportional recovery. The transaction can be set aside and the property returned to the bankrupt's estate.
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If you filed chapter 13 and had it dismissed and paid of the debt is there any way to get it off of your credit report?
No. Filing a bankruptcy creates a public record that does not go away because you did not complete the bankruptcy. - once you file and get a case number you have filed for bankruptcy. if you didn't follow through and it got dismissed is regardless. you still filed for bankruptcy and it will still be on your credit report.
When did the time limit for a chapter 7 bankruptcy change from 8 years to 10 years and is a bankruptcy petitioner protected by a grandfather clause if they filed before the change?
The length of time a discharged 7 or 13 bankruptcy can remain on a credit report has always been 10 years. A dismissed chapter 13 remains for 7 years a dismissed chapter 7 remains for 10 years. Therefore, no type of clause applies because the requirement has never changed. Bankruptcy laws and credit reporting laws are two entirely different issues.
Can you get a car loan if your bankruptcy was dismissed?
yes you can because i said so
What does it mean for a bankruptcy to be dismissed?
"Case dismissed" means the same as any other time you hear it. Dismissed means that the case has no merit or means to go forward and that charges (in this case, the charge of bankruptcy) can not be proven or declared. The bankruptcy was not granted.
If you have a chapter 7 discharged and then something happens with your home can you open a chapter 13 to save your house then you change your mind and the chapter 13 is dismissed what does thi?
What happens if you have paid all fees for a chapter 7 bankruptcy and your trustee tells you to turn over your income tax check and you don't because you are laid off and you are using the income tax check to pay bills and medical expenses and the trustee has threaten to revoke your bankruptcy due to non payment of your income tax check
How do you know if your bankruptcy was dismissed with prejudice?
If your case was dismissed with prejudice, it is because you failed to supply the needed schedules on time or you failed to do what that the court requested. The court will notify you that the case is dismissed and give instructions whether you can refile and the time line in which you can do it.
Can you do a loan modification if you are in chapter 13?
A Chapter 13 bankruptcy puts the entire debt collection process on hold to give the filers time to work out a court-approved repayment plan for a portion of their debts. Thus, because the process is on hold, a loan modification can not be enacted while a mortgage is currently under the supervision of the Chapter 13 trustee. However, it is possible to negotiate a modification of a loan with the mortgage lender during the bankruptcy. But it will be necessary to have the bankruptcy case voluntarily dismissed before the modification can be finalized and put into effect. Banks may not be willing to negotiate with the borrowers under the circumstances of a Chapter 13, though.
Can you file a chapter 7 after a chapter 13?
Believe it or not, the ploy is called a Chapter 20! A so-called "Chapter 20" bankruptcy is the process filing of a "Chapter 7" bankruptcy to discharge unsecured debts, followed by a "Chapter 13" bankruptcy to allow the debtor to catch up on mortgage payments. The 2005 Bankruptcy Reform Act attempts to limit "Chapter 20" bankruptcies by imposing limits on the filing of successive bankruptcies. Under current bankrupcy law a Chapter 13 bankruptcy may be filed only once every two years, and three years must pass after the filing of a Chapter 7 bankruptcy before a Chapter 13 filing. Some debtors attempt to circumvent this restriction by filing for Chapter 13 protection while the Chapter 7 petition is still pending. That option is not available in all courts. In a "Chapter 20" bankruptcy, debtors should be aware that missing even one mortgage payment after filing the initial "Chapter 7" petition may cost them their ability to save their home in a subsequent "Chapter 13" filing.
If your first bankruptcy was dismissed and the second one filed but you never made payments for either can they be removed from your credit report?
The second according to my credit report only says filed. My transUnion doesn't show it and I don't have my Experian report. I will have to contact the court I am sure to get the documentation I need. thanks for your input. Your first bankruptcy can be removed, because it was dismissed. A dismissal is a legal disposition of the legal action bankruptcy. The other disposition is discharged. You don't mention what the disposition was of the second bankruptcy. If it was granted, and your debt discharged, but you never paid on it, (was it a chapter 13?) then it is not discharged. You need to find out the correct status of the bankruptcy before this question can be answered.
What is the difference between a discharged or dismissed chapter 7 bankruptcy?
A discharged bankruptcy indicates the filing was found valid, approved and executed. The debtor is no longer obligated for those debts that were included in the bankruptcy. A dismissed bankruptcy indicates the BK was found to be invalid. It could the result of missing documentation, misrepresentation of facts and so forth. An important factor could be if the bankruptcy is dismissed with prejudice or simply dismissed.
What if your income increases after filing a chapter 13 bankruptcy?
Chapter 13 is more of a repayment plan than a debt wipeout. Because of that, if there is a change in your financial circumstances after filing for bankruptcy then the court needs to be aware of it.
If I file bankruptcy can I add my mother's creditor with my bankruptcy?
Just because she is your mother, it does not mean that you are automatically liable for her debts. When you file for bankruptcy, you can include only those debts which you are liable either personally or as a co-signor or joint debts. If you are not a co-signor and you include your mother debt in your bankruptcy, you will be committing fraud and your petition will be dismissed. Once a bankruptcy petition is dismissed for fraud, there may be restrictions on future filings. Your mother will continue to be liable for the debt. If she is unable to pay the debt, she can file for bankruptcy to discharge the debt. For an official opinion, it is advised you seek legal counsel.
